Required Disclosures and Diagnostics (DDT) in France

In France, transparency is critical when signing a rental agreement. Governed by the Loi n° 89-462 du 6 juillet 1989 (effective 8 July 1989), specifically Article 3-3, the landlord is legally required to provide the tenant with a detailed set of documents grouped under the Technical Diagnostic File (Dossier de Diagnostic Technique, DDT). This file, which must be compiled by a government-certified professional, informs the future tenant about the property's health, safety, and energy consumption.

Mandatory Diagnostics (The DDT)

1. Energy Performance Certificate (DPE)

Currently the most impactful document in French real estate. It rates the property's energy consumption and greenhouse gas emissions on a scale from A to G (Codified in Art. L126-26 of the Construction and Habitation Code).

• Validity: 10 years (unless it's an older DPE from before July 2021).
• Climate Law Impact: Properties rated G are banned from the rental market in France as of 2025 (categorized as "indecent housing"). Rent is also strictly frozen for F and G-rated properties ("passoires thermiques"). The rental ban will extend to F-rated properties by 2028.

2. Lead Exposure Risk Statement (CREP) Mandatory only if the building's construction permit was issued before January 1, 1949. - Highlights the presence of lead-based paint to prevent childhood lead poisoning (Public Health Code Art. L1334-5).

• Validity: Unlimited if no lead is found (or if below the 1mg/cm² threshold). If lead is present and degrading, it is valid for 6 years, and the landlord must perform remediation work.

3. State of Risks and Pollution (ERP)

Informs the tenant if the property is in an area subject to technological, mining, or natural risks (earthquakes, floods, coastal erosion) or exposed to radon gas (Art. L125-5 of the Environment Code).

• Validity: Must be dated less than 6 months before the lease signing.

4. Indoor Electrical Installation State

Mandatory if the property's electrical wiring is over 15 years old. - Identifies potential fire or safety risks for the tenant.

• Validity: 6 years.

5. Indoor Gas Installation State

Mandatory if the property has a fixed gas installation over 15 years old (even if it's currently shut off but piping exists).

• Validity: 6 years.

6. Noise Diagnostic (ENSA) Required if the property is located in an airport noise exposure zone (PEB).

• Validity: Declarative, with no strict expiration date.

7. Asbestos State (DAPP) While the Asbestos Diagnostic for Private Areas (for buildings permitted before July 1997) is not mandatory to physically attach to the lease agreement, the landlord has a separate regulatory obligation to keep it available and provide it upon the tenant's request.

Penalties for Missing or False DDTs

If the entire DDT is not provided on the day of signing, or if it is intentionally falsified: - The tenant can launch a court case to have the lease completely annulled for fraud (dol). - The tenant may demand a substantial reduction in rent. - If lead poisoning occurs, or a fatal fire is caused by an unreported electrical fault, the landlord faces criminal liability (reckless endangerment/manslaughter) with potential prison time under the Penal Code.

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